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Education Standards Authority Act 2013 No 89
Current version for 1 January 2017 to date (accessed 22 September 2017 at 14:32)
Part 2 Division 1
Division 1 Constitution and management of Authority
4   Constitution of NSW Education Standards Authority
(1)  There is constituted by this Act a body corporate with the corporate name of the NSW Education Standards Authority.
(2)  The Authority is, for the purposes of any Act, a NSW Government agency.
Note.
 See section 13A of the Interpretation Act 1987.
5   Role of Minister
The Authority is subject to the control and direction of the Minister in the exercise of its functions, except in relation to:
(a)  the contents of any advice, report or recommendation it makes to the Minister or any other person or body, or
(b)  its functions under Part 8 of the Education Act 1990.
6   Board of the Authority
(1)  There is to be a Board of the NSW Education Standards Authority.
(2)  The Board is to consist of the following members:
(a)  an independent person appointed by the Minister as the Chairperson of the Board,
(b)  6 persons appointed by the Minister as follows:
(i)  1 from the government school sector, 1 from the Catholic school sector and 1 from the independent school sector,
(ii)  2 from teacher unions,
(iii)  1 from Aboriginal education,
(c)  no less than 4 (but not more than 6) other persons appointed by the Minister with regard to teachers and school leaders, universities, vocational education and training, parents of school children, early childhood education, special education, business acumen and strategic advisory skills,
(d)  the Chief Executive Officer.
(3)  The appointed members are to be persons who, in the opinion of the Minister, together have skills and experience that will assist the Authority in exercising its functions.
(4)  Each member of the Board is to exercise his or her functions as a member in a manner that promotes the objectives of the Authority and the interests of students.
(5)  Of the appointed members other than the Chairperson, one is to be appointed as Deputy Chairperson of the Board in or by the instrument of appointment as a member or in or by some other instrument executed by the Minister.
(6)  An appointed member cannot nominate another person to act on the behalf of the member.
Note.
 See clause 3 of Schedule 1 which provides for the appointment by the Minister of alternate members in certain circumstances.
(7)  Schedule 1 contains provisions relating to the members and procedure of the Board.
7   Role of Board
(1)  The Board has the following functions:
(a)  to determine the general policies and strategic direction of the Authority,
(b)  to oversee the functions of the Authority (including its financial responsibilities),
(c)  to give advice to the Minister on matters relating to the functions of the Authority (including advice on school education standards),
(d)  such other functions as are conferred or imposed on it by or under this or any other Act or law.
(2)  Any decision relating to the functions of the Authority is to be made by or under the authority of the Board.
(3)  Any act, matter or thing done in the name of, or on behalf of, the Authority by or under the authority of the Board is taken to have been done by the Authority.
8   Chief Executive Officer
(1)  The Chief Executive Officer of the Authority is the person who, having regard to any advice of the Chairperson, is employed in the Public Service as the Chief Executive Officer of the Authority.
(2)  The Chief Executive Officer is responsible for the day to day management of the activities of the Authority.
(3)  The Chief Executive Officer is, on the request of the Minister or on the Chief Executive Officer’s own initiative, to report to the Minister on matters relating to the activities of the Authority.
9   Staff of Authority
Persons may be employed in the Public Service to enable the Authority to exercise its functions.
Note.
 Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Authority makes use of) may be referred to as officers or employees, or members of staff, of the Authority. Section 47A of the Constitution Act 1902 precludes the Authority from employing staff.